Tuesday, October 23, 2018
CLARIFICATION ON MODALITIES OF TRANSFER OF NPS CONTRIBUTION TO
CASUAL LABOURERS WITH TEMPORARY STATUS (CL-TS) TO THEIR GPF ACCOUNTS-REG (CLICK THE LINK BELOW TO VIEW DOPT
ORDER)
No.49014/2/2014-Estt.(C)-PT.I
Government of India
Ministry of Personnel,
PG and Pensions
Department of
personnel & Training
North Block, New Delhi
Dated: 11th October,
2018
OFFICE MEMORANDUM
Subject: Clarification on
modalities of transfer of the NPS contribution to casual labourer with
temporary status to their GPF accounts.
The undersigned is
directed to refer to this Department’s 0M No.51016/2/90-Estt (C) dated the 10th
September, 1993 vide which a scheme for grant of temporary status to the casual
employees was framed. The scheme applied to those casual labourers who were in
employment on the date of the issue of the 0M and had rendered one year of
continuous service in Central Government offices, which meant that they must
have been engaged for a period of at least 240 days (206 days in the of offices
observing days week). The scheme did not apply to Departments of Telecom &
posts and Ministry of Railways.
2. As the scheme,
after rendering three years’ continuous service after conferment of temprary
status, the casual labourers were to be treated at par with temproary Group ‘D’
employees for the purpose of contribution to the General Provident Fund.
Further, after their regularisation, of the service rendered under temproary
status was to counted for of retirement benefits.
3. As per para 8 of
the scheme, two out of every three vacancies in Group ‘D’ in respective offices
where the casual labourers had been working was to be filled up as per extant
recruitment rules and in accordance with the instructions issued by Department
of Personnel and Training from amongst casual workers with temporary status.
However, regular Group ‘D’ staff rendered surplus for any reason would have
prior claim for absorption against existing/future vacancies.
4. Vide the O.M.
No.49014/1/2004 -Estt.(C) dated the 26th April, 2004, the above scheme was
reviewed in light of introduction of New Pension Scheme in respect of appointed
to the Central Government service on or after 1.1.2004. These casual labourers
with temporary Status were now to be considered under the NPS and their
underlying amount in GPI was credited to them.
5. The 0M dated 26th
April, 2004 was quashed by various benches of CAT/High Courts who had decided
that the scheme could not modified retrospectively.
6. The position was
reviewed in the light of the Court judgements in consultation with the
Department of Expenditute. It was then decided vide this Department’s O.M. No.
49014/2/2014- Estt(C) dated 26.02.2016 and 0M. No. dated 28.07.2016 that the
casual labourers who had been granted temporary status under the scheme, and
have completed 3 years of continuous service after that were entitled to
contribute to the General Provident Fund. It was also decided that of the
service rendered under temporary status would be counted for the purpose of retirement
benefits in respect of those casual labourers who have been regularised in
terms of para 8 of the 0M dated 10.09. 1993. This was applicable to all casual
labourers covered under the scheme Of 1993 whether they were regularised before
or after 31.12.2003.
7. It was emphasised
that the benefit of temporary status is available only to those casual
labourers who were in employment on the date of the issue of the 0M dated 10th
Septetmber, 1993 and were otherwise eligible for it. No grant of temporary status
is permissible after that date. The employees erroneously granted temproary
status between 10.09.1993 and the date of Hon’ble Supreme Court judgernent in
Union Of India And Anr vs Mohan Pal. 2002 (3) SCR 613, delivered on April,
2002, will however be deemed to have covered under the scheme of 10.09.93.
8. Subsequent to the
issue of this Department’s O. M. 49014/2/2014-Esst(C) dated 26.02.2016 and O.M.
No. 49014/2/2014-Estt(C) dated 28.07.2016 several Ministries/ Departments were
seeking clarifications as regards to the modalities of transfer of the amount
lying in the NPS account to the GPF account of these casual labourers. Ihe
matter has been examined in consultation with D/o Pensions & Pensioners’
Welfare, D/o Financial Services and D/o Expenditure.
9. D/o Pension and
Pensioners’ Welfare have clarified/ stated that the employees’ share or the NPS
subscription with interest should withdrawn and deposited in the GPE accounts
if these CL-TS regularized after 31.12.2003 and the Government share with interest
accrued under NPS should be deposited in Government’s account.
10. Controller General
of Accounts (CGA) have furnished following clarifications vide letter No. dt
11.03.2016 ona similar matter which are as under:
(i)Adjustment of
Employees contribution in Accounts:- Amount may be credited to individual GPF
Account and the account may he recasred permitting up-to-dare inreresf
(Authority-FR-16 & Rule / of GPF Rules)
(ii) Adjustment Of
Government contribution under NPS in Accounts. TO be accounted for as (-) Dr.
to object heads Recoveries under major Head 2071- Pension and Other Retiremenl
benefit-Minor Head 911- Deduct Recoveries Of over payment (GAR 35 and para 3.10
of List of Major and Minor Heads of Accounts)
(iii) Adjustment of
increased value of subscription on account of appreciation of investment- may
be for crediting the amount Govt. account under Contribution towards pensions
and other Retirement Bencfll.s SOO- Other Receipts (Note under the above Head in
LMMHA).
11. The principle
underlying the consideration of the case of CL(TS) is that Casual labourers Who
were covered under the scheme Of 1993 and have been regularised in terms Of the
above scheme were entitled to GPF and Old Pension scheme even if they were
regularised after 31.12,2003.
12. Furthermore. as
per Dio ExE*nditure/CGA, if the kr•nefits under old pension scheme are to
allowed to a retired employee, who had contributed towards NPS at any stage.
the entire NPS accumulations i.e. employee’s contribution + Government’s
matching contribution + appreciation thereon should be remitted into the
accredited bank of the PAO concerned and the accounting procedure will be same
in this case as prescribed at par 10 above.
13. All
Ministries/Departments are requested to settle the matter explained amve If any
further clarification is needed in the matter, they should approach CGA
(Controller General of Accounts) directly, since CGA is the accounting agency
and is competent to clarify the matter.
sd/-
(N.Sriraman)
Director
(Establishment)
Source: https://dopt.gov.in/
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(CLICK
THE LINK BELOW TO VIEW DOPT ORDER)
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